percolating up through the courts already going back to 1950 are the cases of the naacp legal and education defense fund that thurgood marshall is actually bringing and he is building at sort of brick by brick, block by block or go thurgood marshall not yet of course the justice of the supreme court. he is making the case that plessy versus ferguson and, which defined the acceptability of separate but equal, they are making the case to the naacp that this cannot be, cannot remain the law of the land and it is pretty clear that the case that is going to become a very important one for the court and it's actually a year that rehnquist is there is brown versus board of education. which turns out in fact to be the case that strikes that document down, very very important in a unanimous verdict, unanimous decision of the supreme court. so rehnquist, part of the role of a clerk is to offer his advice and opinions to his boss about these cases and so rehnquist writes a memo about brown versus board of education and he basically says that plessy should stand. rehnquist authors this memo and gives it to jac